Terms of Sale
** PRIOR TO BIDDING: PLEASE READ ALL TERMS & CONDITIONS. DO NOT BID IF YOU ARE UNABLE TO ADHERE TO THE TERMS & CONDITIONS OF SALE. PAY CLOSE ATTENTION TO CLAUSE 1 AS IT IS ESPECIALLY IMPORTANT FOR DETAILS ON SHIPPING / LOCAL PICKUP. **
** THIS IS AN ONLINE ONLY AUCTION - ALL LOT VIEWING AND BIDDING MUST BE DONE VIA THE ONLINE CATALOG **
** INVOICES: DO NOT CONTACT THE AUCTION COMPANY UNTIL YOU HAVE RECEIVED AND READ THE INVOICE EMAIL. SUCCESSFUL BIDDERS WILL RECEIVE THEIR INVOICE BY EMAIL ON THE AFTERNOON OF THE BUSINESS DAY FOLLOWING THE AUCTION. THE EMAIL WILL ARRIVE FROM ACCOUNTING@FLORIDAESTATESALES.ORG. PLEASE CHECK YOUR SPAM OR JUNK FOLDER IN THE CASE YOU DO NOT SEE THE EMAIL IN YOUR INBOX AS EMAILS ARE OFTEN FILTERED TO SPAM OR JUNK **
PLACING A BID CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS, AND IS A BINDING CONTRACT TO PURCHASE. THE ACTION OF EXECUTING / PLACING A BID IMPLIES YOU UNDERSTAND THE TERMS OF SALE, AGREE TO THE TERMS OF SALE, AND HAVE AGREED TO PURCHASE THE LOT.
Auctioneer Phone: 850-523-3787 or 772-217-2909
1. SHIPPING: Items requiring shipment will be handled either by Florida Estate Sales in-house shipping department or their designated 3rd party professional shipping partner. A buyer may also organize their own 3rd party shipping. Florida Estate Sales reserves the right to designate your shipment in-house or 3rd party. The in-house department will generally pack & ship non-fragile items fitting safely in a flat-rate shipping box. Shipments outside these criteria will be handled by the local 3rd party partner. 3rd party shipment customers will make shipping payment directly to the 3rd party provider. Please allow up to 14 business days after receipt of payment for your purchases to ship. Buyers receive their shipment tracking information once their items ship. Depending on size and value, domestic shipments are sent via USPS, FedEx or UPS. International shipments are sent USPS Priority Mail International. All Domestic shipments will include mandatory insurance and tracking / signature confirmation. Florida Estate Sales cannot insure or guarantee the delivery of International Shipments. Florida Estate Sales must be notified of Shipping Claims, Damage or Loss within 10 days of receipt. Florida Estate Sales assumes no responsibility for lost or damaged items received through post. All shipping damage / loss claims must be processed and resolved through the organization by which they were shipped. Absolutely no refunds or claims may be submitted beyond 10 days of receiving a shipment. LOCAL PICKUP: Buyers are allowed to pick their items up in person at our gallery: 6200 20th St. (Manor Auctions, Inside Indian River Mall), Vero Beach FL 32966. All local pickups must take place within 15 days of the auction. Vero Beach Gallery Phone: 772-217-2909.
2. LOTS: Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Lots have not been tested. A majority of the lots are "estate lots" - so one should expect they will be in used condition and may have defects. Lots are sold "As-Is, Without Warranty or Guarantee." The bidder is ultimately responsible for determining the condition of a lot. All sales are final and may not be returned. The placing of a bid will be taken as full agreement to all terms & conditions. The Florida Estate Sales has the right to withdraw any lot. Auctioneer reserves the right to cancel / nullify the sale of any lot.
3. ABSENTEE BIDDING: Absentee Bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via the online bidding catalog. Absentee bidders agree to all terms and conditions. In the case of a tie bid between absentee bidders, the auctioneer has sole, final discretion to award the winning bid. If leaving an absentee bid, please consider leaving a highest and best bid. The auctioneer or online bidding platform will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until the bid is either successful or exhausted. This means, if a bidder leaves an absentee bid of $10000, and during the course of competitive bidding the winning bid increment is $5500, the bidder wins the lot at $5500.
4. TELEPHONE BIDDERS: Not Available.
5. BIDDING: The highest bidder acknowledged by the auctioneer shall be the purchaser. Once a bid is announced "sold", the high bidder has purchased the lot. In executing a bid, the bidder is agreeing to purchase the lot. All sales are binding and final.
6. BUYER'S PREMIUM: A buyer's premium of 20% applies to all bids. Buyer's premium is added to the hammer price of each lot. According to Florida law, the Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax.
7. PAYMENT: All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. We do not auto-bill credit cards used in registration. Accepted forms of payment are cash, check, bank wire, MasterCard, Discover, Amex & Visa. Auction Company Reserves The Right To Require Payment By Bank Wire or Check. If payment is not received with 7 days, the auction house has the right to deem the sale "null & void" and a non-paying bidder claim / strike will be filed. We reserve the right to verify funds on personal checks. A $35 fee will apply to all returned checks. The full purchase price on all lots sold to the same buyer must be paid before removal of any of the items.
8. SALES TAX: Florida Residents and Lots Shipping to a Florida address are required to pay applicable Florida state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file. Sales Tax in Leon County Florida is 7.5%. Sales Tax in Indian River County Florida is 7%.
9. RESERVE: Not applicable. This is an absolute, unreseved auction.
10. IDENTIFICATION: All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Drivers License Number. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL CONTACT INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. Auction Company is not responsible for any delays or losses due to false information provided at the time of registration.
11. AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered until a later sale. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. The Auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. The auctioneer acts as agent only, and shall not be liable for any default of the purchaser or vendor.
12. BID INCREMENTS: All bids, including absentee and Internet must be on increment. The auctioneer reserves the right to deviate from the established increment at their discretion. Bid Increments are as follows:
Up to $40 | $2
Up to $100 | $5
Up to $2000 | $10
Greater | $25
13. DISPUTE BETWEEN BIDDERS or TIE BID BETWEEN DIFFERENT ONLINE BIDDING PLATFORMS: In the event of any dispute between bidders or a tie bid between online platforms, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer the lot in dispute. The auctioneer's sole resolution of dispute is final and applies to all bidding mediums.
14. CONSIGNORS: Consignors are not permitted to bid on their own items. This is called "shill bidding" and is illegal by Florida Auction Law standards. By placing your item up for auction, you have agreed to sell. We cannot discuss payment on the day of the auction. Consignors may only be paid proceeds on items for which payment has been received from a buyer.
15. GENERAL TERMS & INFORMATION: Employees and associates of Florida Estate Sales are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Leon, State of Florida. Auction Company has sole discretion on whether to approve an individual for bidding. Auction Company has sole discretion to decline an individual's bidder application for any reason. Auction company has sole discretion to nullify a sale for any reason.
16. INTERNET BIDDING: Bidders are able to bid via one of our Internet Auction Platforms. If bidding live via the Internet, please bid quickly. We auction approximately 70-90 lots per hour. If leaving absentee Internet bids, please consider leaving a reasonable bid. If leaving an absentee bid, please consider leaving a highest and best bid. The online bidding platform will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until the bid is either successful or exhausted. This means, if a bidder leaves an absentee bid of $10000, and during the course of competitive bidding the winning bid increment is $5500, the bidder wins the lot at $5500. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Internet bidders may be subject to a different Buyer's Premium.
IN PARTICIPATING IN THE AUCTION - BIDDERS AGREE TO ALL TERMS & CONDITIONS OF SALE
FL: AB3439, AU3798 GA: AU004169
Shipping & Local Pickup - Available
Items requiring shipment will be handled either by Florida Estate Sales in-house shipping department or their designated 3rd party professional shipping partner. A buyer may also organize their own 3rd party shipping. Florida Estate Sales reserves the right to designate your shipment in-house or 3rd party. The in-house department will generally pack & ship non-fragile items fitting safely in a flat-rate shipping box. Shipments outside these criteria will be handled by the local 3rd party partner. 3rd party shipment customers will make shipping payment directly to the 3rd party provider. Please allow up to 14 business days after receipt of payment for your purchases to ship. Buyers receive their shipment tracking information once their items ship. Depending on size and value, domestic shipments are sent via USPS, FedEx or UPS. International shipments are sent USPS Priority Mail International. All Domestic shipments will include mandatory insurance and tracking / signature confirmation. Florida Estate Sales cannot insure or guarantee the delivery of International Shipments. Florida Estate Sales must be notified of Shipping Claims, Damage or Loss within 10 days of receipt. Florida Estate Sales assumes no responsibility for lost or damaged items received through post. All shipping damage / loss claims must be processed and resolved through the organization by which they were shipped. Absolutely no refunds or claims may be submitted beyond 10 days of receiving a shipment. LOCAL PICKUP: Buyers are allowed to pick their items up in person at our gallery: 6200 20th St. (Manor Auctions, Inside Indian River Mall), Vero Beach FL 32966. All local pickups must take place within 15 days of the auction. Vero Beach Gallery Phone: 772-217-2909.
